Sample application for calculation of alimony debt to a bailiff

How to obtain a debt settlement order

Having in hand a writ of execution (a court order, an agreement that has the force of a court order), the collector only needs to contact the bailiff in whose proceedings the collection case is pending. First you need to find out in which division of the FSSP the bailiff works. Due to a change of residence, confusion may occur. Enforcement proceedings do not “move” at the same time as the claimant. Therefore, the bailiff may be located in another city or even country.

There is no set application form. You can write a statement in any form. However, it is necessary to follow some rules for drawing up business papers:

• be sure to indicate the name of the authority and its address;
• indicate the full name of the bailiff;
• your full name;
• registration address and actual residence address;
• number of the court decision (order, registration number and surname of the notary who approved the agreement on voluntary payment of alimony);
• the exact period from which alimony was paid;
• the exact date when payments stopped (if there were breaks in payments, try to restore the periods: from "..." ______ 20... To "..." ______ 20...).

How to calculate the penalty for debt incurred for non-payment of alimony until August 2021

If the delay began before August 10, 2021, the amount of the penalty before this date is calculated at a rate of 0.5%, and the part of the debt formed after August 10, 2018 is calculated at a rate of 0.1%.

So, for example, if alimony in the amount of 10,000 rubles was collected in your favor from January 1, 2021 and until December 31 you did not receive a single ruble, you should calculate the penalty for the period from February 1 to December 31, 2021. You can submit claims for the collection of penalties in court from January 1, 2021 and within the 3-year limitation period.

1. So, let's take the first monthly payment that you should have received in January, it is equal to 10,000 rubles. We multiply it by 0.5% (the penalty established by law until August 9, 2018), we get 50 rubles per day.

2. We count the number of days overdue for the January payment: from 02/01/2018 to 08/09/2018 (since the amount of the penalty changes from August 10) - 189 days.

3. We calculate the amount of the penalty at a rate of 0.5%: 189 × 50 = 9,450 rubles.

4. Next, we calculate the amount of the penalty from August 10, 2018. To do this, we multiply the monthly payment (10,000 rubles) by 0.1%, which turns out to be 10 rubles per day.

5. We count the number of days overdue for the January payment at this rate: from 08/10/2018 to 12/31/2018 - 143 days.

6. We calculate the amount of the penalty at a rate of 0.1%: 143 × 10 = 1,430 rubles.

7. We add up the penalty for January 2021 for both periods: (189 × 50) + (143 × 10) = 10,880 rubles.

The following formula is obtained: (X × 0.5% × Y') + (X × 0.1% × Y) , where X is the amount of alimony awarded to you, 0.5% is the amount of the statutory penalty until August 9, 2021, 0.1% - the amount of the penalty from August 10, 2021, Y' - the number of days of delay in the monthly payment from the first month of delay until August 9, 2021, Y - the number of days of delay in the monthly payment from August 10, 2021 to the last month of delay.

8. We do this calculation for every month. With each subsequent month, the number of days of delay will decrease, and the amount of the penalty will decrease.

9. We add up the penalty for all overdue months. We will have the total amount to be collected as a penalty for the entire period of payments.

In our example it turns out like this:

• late payment for February - 9,480 rubles;
• for March - 7,930 rubles;
• for April - 6,430 rubles;
• for May - 4,880 rubles;
• for June - 3,380 rubles;
• for July - 1,830 rubles;
• for August - 1,210 rubles;
• for September - 910 rubles;
• for October - 600 rubles;
• for November - 300 rubles.

The total amount of the penalty will be 47,830 rubles. This is approximately 40% of the total amount of alimony for the year (120,000 rubles). In total, you can get 167,830 rubles from the debtor.

What to do after receiving a court decision

The court decision is handed over to the parties after 10 days from the date of issuance - the period for appeal. The writ of execution may be issued to the claimant. In this case, he must independently transfer it to the bailiff for collection. The maximum transfer period is 3 years. If the writ of execution (court order) is not received by the claimant, they are sent by the court to the FSSP for execution independently.

Once you have received a debt settlement, you do not need to go to court again. Since claims with the same subject matter are not considered by the courts twice (clause 2, part 1, article 134 of the Code of Civil Procedure of the Russian Federation). The formation of debt is a shortcoming of the bailiff. He should be “stimulated” by filing a complaint with the senior bailiff about the inaction of a subordinate who allowed alimony arrears to arise.

This you need to know: Certificate from bailiffs about non-payment of alimony

Required documents

In addition to writing your application correctly, you are also required to attach a package of necessary documents on the basis of which your application will be considered.

• applicant's passport;
• income certificate of the parent living with the child;
• birth certificate of a minor child;
• certificate of cohabitation of the applicant with a dependent for whom alimony is paid;
• divorce certificate (if there is a fact of marriage registration);
• certificate from the bailiff;
• writ of execution for the collection of alimony or alimony notarial agreement;
• documents that will act as evidence of non-payment of alimony, for example, a bank account statement.

You will also be required to pay the state fee and attach a receipt to all of the above documents. The amount of the state duty is determined by Article 333.19, paragraph 1 of the Tax Code.

It is advisable to attach not only copies of documents to the application, but also take the originals with you, since some papers, for example, certificates from the bank or from the place of work about the amount of wages, will be required with a stamp. If you have other documents that are not listed in this list, but are directly related to this case, then they must also be supported by the statement of claim.

Appealing a decision on debt calculation

Complaints about the settlement may come from the claimant, if the calculations made independently do not coincide with those made by the bailiff. Collectors tend to inflate the amount of the debt, increasing the penalty, and the bailiffs calculate, guided solely by the provisions of the law (Clause 1 of Article 81 of the RF IC).

Debtors are much more likely to appeal a decision. They are given 10 days to do this from the date of the bailiff’s decision. The period may be increased if the debtor proves that he was not properly notified of the bailiff's decision. However, he will have to prove the amount of debt he agrees with in court.

Articles:

The procedure for collecting alimony for minor children

How to write an application to bailiffs for debt repayment

Child support arrears will be calculated in a new way from July 1

On average, more than 120 people daily turn to bailiffs with a request to forcibly collect alimony. As a rule, this is due to the fact that former spouses are in no hurry to pay money for the maintenance of their child, so arrears arise in alimony payments. From July 1, the procedure for its calculation will change. The innovations will affect only those debtors who did not work or did not submit documents confirming their earnings.

As explained by the consultant of the Main Directorate of Compulsory Enforcement of the Ministry of Justice, Yulian Misyukevich

, changes in the system for calculating alimony debt are provided for by the Law of the Republic of Belarus “On Amendments to Laws” dated December 18, 2021. This document also amends the Code on Marriage and Family. Starting next month, alimony arrears for the period when the debtor did not work will be calculated based on the subsistence level budget. For one child, the payment amount will be 50%, for two - 100%, for three or more children - 150% of the BPM.

Now the debt is determined based on the income of the debtor parent for the period during which he did not pay. If the person was not working at that time, the amount is calculated based on the salary at the last place of work. In the event that more than three months have passed since the dismissal or there is no relevant information on income, the average salary of employees in the republic is taken into account.

From July 1, another change regarding alimony will also be introduced. It applies to debtors who did not pay money for child support during their stay in the Armed Forces of Belarus, other troops and military formations in compulsory military service, or performing alternative service. In this case, the debt is determined in the following amounts: for one child - 25%, for two children - 33%, for three or more - 50% of the actual income received. However, these features will not apply if the amount of alimony is determined by a marriage contract, an agreement on children or an agreement on the payment of alimony.

The issue of collecting alimony from debtors who live abroad, in particular in Russia, remains relevant. In this regard, the Ministry of Justice has initiated some changes aimed at simplifying this procedure as much as possible. It is expected that they will be included in the agreement on the procedure for mutual execution of court decisions in cases of alimony collection, concluded in 2015 between Belarus and Russia.

According to Yulian Misyukevich, at one time this agreement made it possible to significantly simplify the procedure for collecting alimony on the territory of the two countries. Now court decisions in such cases do not require a special recognition procedure. Based on the claimant’s application, documents are sent for execution through the authorized bodies of one country to the authorized bodies of another country. On the Belarusian side, such bodies are the enforcement departments of the main departments of justice of the regional, Minsk city executive committees, on the Russian side - the territorial bodies of the Federal Bailiff Service.

“Today, active work is being carried out to develop this agreement. In particular, the Belarusian side came up with the initiative to make changes to it aimed at further simplifying the procedure. We propose that, at the initiative of the claimant, enforcement documents should be sent, among other things, to the place where the debtor received income in the territory of another state. This issue is currently being worked on. Therefore, it is too early to say that this will definitely work,”

- said the headquarters consultant.

According to the Ministry of Justice, in 2021, bailiffs received 45,246 enforcement documents for the collection of alimony, which is 1.8% of all those received by enforcement authorities. In 2019, this figure was 44,533 documents, or 1.9%. This year, about 18 thousand documents, or 2.1%, have already been received for execution. It turns out that on average more than 120 people daily turn to bailiffs with a request to forcibly collect alimony.

To ensure that the rights of a minor child are not infringed, it is important for the bailiff to promptly receive the necessary information about the financial situation of the debtor. The Ministry of Justice has carried out significant work in this direction, which has increased the efficiency of enforcement agencies. In particular, a connection has been established with the information resources of government bodies and organizations.

“Already today, a bailiff, by pressing one button, receives information in real time about the financial situation of the debtor, for example, about his place of work, income received, bank accounts, vehicles, real estate. This facilitates the timely adoption of measures to fulfill the requirements contained in the executive document,” –

noted Yulian Misyukevich.

Today, the bailiff can take quite serious measures to encourage the debtor to repay the debt. This is not only about putting him on the wanted list and calling him for a conversation. Various restrictions can be applied to a person who evades his responsibilities: seizure of money in accounts, other property, including vehicles, real estate, restriction of certain rights - traveling outside the republic, driving a car, visiting gambling establishments, using services communications, internet, etc.

If a debtor fails to pay alimony for more than three months during a year, he may be prosecuted. In this case, penalties such as correctional, community service, restriction or imprisonment may be applied. By the way, in 2019, more than 5 thousand minors were recognized as victims under Article 174 of the Criminal Code. In other words, the measures of this article were applied to their parents for evading payment of alimony under a court order.

To enforce the collection of alimony, you must submit an application to initiate enforcement proceedings to the enforcement authorities at the debtor’s place of residence, attaching a writ of execution issued by the court. Based on the results of reviewing the package of documents, the bailiff will make a decision on whether to initiate (refuse) enforcement proceedings or return the documents.

According to BELTA

Questions about legislative innovations in the field of marriage and family relations, which come into force on July 1, 2021, can be asked to experts who will answer them during the NCPI online seminar.
You can read more about this here .

How bailiffs calculate debt

There are several methods for calculating debt. Their application depends on the social status and financial situation of the debtor. It has special features for settlements with non-working debtors, pensioners and disabled people who receive irregular income.

Revenue share

The most common procedure for calculating debt is the use of Art. 81 IC RF. It clearly defines the shares:

• ¼ – 1 child;
• 1/3 – 2 children;
• ½ – 3 or more.

In such shares, alimony is collected from the total income, which takes into account all cash receipts, with the exception of social benefits (except for pensions) and receipts from winning the lottery and inheritance.

How to pay off loan debts

If you took out a cash loan from a bank, but over time lost the ability to repay it in full on time (due to illness, job loss, sharp reduction in income, etc.), try using the bank’s loan refinancing service. However, it should be remembered that the refinancing procedure itself involves not only extending the loan terms and reducing the monthly payment amount, but also waiving all kinds of banking preferences and discounts. It is worth using the refinancing service if you have a fairly large, long-term loan hanging on you. For example, a mortgage. Then you need to contact the bank, calculate the loan at a new rate and renew the agreement.

Grounds for termination of alimony obligations

The obligations established by the agreement may be terminated:

• Due to the death of one of the parties
• Due to the expiration of this agreement
• On the grounds provided for in this agreement

Obligations established in court may be terminated:

• With the child coming of age or minor children acquiring full legal capacity before they reach adulthood
• When a disabled former spouse in need of assistance enters into a new marriage
• If the court recognizes the restoration of working capacity or the cessation of the need for assistance of the recipient of alimony
• When adopting a child for whose maintenance alimony was collected
• With the death of a person receiving alimony or a person obligated to pay alimony

Legislation

When calculating the amount of alimony to be paid, you must be guided by the following legislative acts: